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At your preliminary arraignment, the Magistrate will also set a date for your preliminary hearing. PRELIMINARY HEARING. After you have been arrested and charged with a criminal offense, and before your can be tried on that offense, there first must be a preliminary hearing in front of the local Magistrate.
Download article as a PDF. Usually held soon after arraignment, a preliminary hearing is best described as a trial before the trial at which the judge decides, not whether the defendant is guilty or not guilty, but whether there is enough evidence to force the defendant to stand trial.ome states conduct preliminary hearings only when a felony is charged, and other states utilize a grand jury indictment process in which a designated group of citizens decides whether, based on the government's evidence, the case should proceed to trial.